Pocket Research On Crimes Of Illegal Business Operations

It has been controversial since the Crime of Illegal Business Operation was set.It was divided from the Crime of Speculation and Profiteering in the Criminal Law of1979.Because the Crime of Speculation and Profiteering in the Criminal Law had been extended too much and was gradually inclined to Politically charges,so,in 1997(the new Criminal Law has been promulgated and implemented),it was divided into many other crimes,including the Crime of Illegal Business Operation.Article 225^th of the Criminal Law of 1997 stipulates the Crime of Illegal Business Operation,which has some features:"Violation of State Regulations","Illegal Business Operation",and"Other Illegal Business Operation that seriously disturbs the market order".Its main purpose is to distinguish general illegal business operation from illegal business operation.Since its establishment,the crime has developed no less than 20years.Though it can play an important role in stabilizing the economy development order of social market,some defects have also been exposed gradually.One serious defect is"Pocketing".This paper analyzes this problem from three aspects:legislation,judicial interpretation and judicial practice,to make clear of the intension and extension of the Crime of Illegal Business Operation,echo the modest features of Criminal law,reflect the last line of Criminal law.The structure of this paper is as follows:The embodiment of"pocketing"of the Crime of Illegal Business Operation is elaborated in the first part,including legislative aspect and justice side.The effects of multiple expansion on the structure of the Crime of Illegal Business Operation are also be elaborated.Except the growing legislative expansion,the expansion of judicial interpretation can't be neglected.Other areas,such as telecommunications and foreign exchange,have been included into this Crime because of judicial interpretations.The extent of expansion has attracted the attention of all walks of life.This part also enumerates relevant case and analyzes the expansion of this crime in judicial practice.The second part,corresponding to the first part,analyzes the reasons why this crime has become a"pocket crime"from the aspects of legislation and justice.Not only because of the establishment of crimes,but also have various reasons such as judicial subjects.We analyzed those reasons at great length.In the third part,the features and essence of the Crime of Illegal Business Operation are analyzed.And this part specifies the ways to clarify the boundary between this crime and other crimes from legislative side and justice side respectively.Then by analyzing the features of this crime,the line of crime and innocence was clear.Finally,it puts forward some suggestions for the continuous expansion of the disclosure clause,hoping to provide some references for the accurate application of this crime.